Man Charged in Deadly Wreck Ordered Back to Jail

A man accused of causing a crash that killed a boy and critically injured his sister has been ordered back to jail. <br /><br /><strong>More:</strong>&nbsp;<a href="http://www.news9.com/Global/story.asp?S=12145510" target="_self">DA Files Manslaughter Charges Against Man Accused of Killing Child</a>&nbsp;| <a href="http://www.news9.com/Global/story.asp?S=12124836" target="_self">Man Charged With Driving Drunk, Killing 5-Year-Old Has Extensive Drug Past</a>

Wednesday, March 17th 2010, 3:28 pm

By: News 9


By Kirsten McIntyre, NEWS 9

OKLAHOMA CITY -- A man accused of causing a crash that killed a boy and critically injured his sister has been ordered back to jail.

An Oklahoma County judge ruled Wednesday afternoon that James Opp should be placed back in jail and held without bond.

Opp is accused of causing a wreck that killed Adam Stutts, 5, and injured his 3-year-old sister, Avery. Opp reportedly told police he'd been drinking moonshine, according to a police report.

Prosecutors argued Opp was a danger to the public given his long history of drug and alcohol use. The defense maintained an ankle bracelet could keep him monitored, but the judge quickly decided Opp's bond should be revoked.

"These cases don't have any happiness involved in them truthfully, but I am glad the judge decided to look at the history and allowed him to detain Mr. Opp," said Oklahoma County District Attorney David Prater.

Prater filed a first-degree manslaughter charge against Opp and if convicted, Opp will face at least a 10-year prison sentence but could get up to life.

Opp was released from jail this weekend on bond.

Police originally reported Opp had admitted to drinking moonshine and taking Xanax before the accident, but prosecutors now said police made a mistake and confused Opp's accident with another one.

"We're trying to determine what he admitted to, and what he didn't admit to at this time," Prater said.

Defense attorney Irven Box said the media is also to blame saying facts about Opp's charges and bond were reported incorrectly.

"There were a lot of facts reported that would cause the public to call the District Attorney's office, which they did in volume," Box said.

But Box admitted his client, a Vietnam vet, has a real problem.

"He was a heroin addict when he came back from Vietnam," Box said. "His records show he's been doing this for years."

Erik Stutts is the father of Adam and Avery. He said Avery is making progress daily, but has to relearn how to walk and has yet to talk again. Now Stutts said he wants justice for his children.

"Life in jail, that way there's no chance of him getting out and doing this again later down the road," Stutts said.

Adam and Avery's mother, Chelsea Kessler, released the following statement on Wednesday:

I would like to thank all of those people who have opened their hearts to us in this horrible time. The staff at Children's Hospital has made our stay over many long nights as comfortable as can be expected. Avery is now in rehab and we know that we can never replace Adam.

I have been monitoring the legal proceedings through my attorney so I can be with Avery and emotionally strong for her. I am grateful to Judge Bass for ruling in favor of the state's motion to revoke bond for Mr. Opp, not out of vengeance but out of concern for the public safety. I know that his family is suffering too and I appreciate them getting a message to me offering their most sincere regret and pain for us. Finally, thank all of you who have donated to the Adam and Avery Stutts Memorial Trust at MidFirst Bank. You are angels and we know Adam is now one as well.

God Bless,

Chelsea Kessler

More on News9.com:
- 1 Child Killed, 1 Critically Injured in Southwest Oklahoma City Wreck
- New Details Released on Drunk Driver who Killed Child
- Man Charged With Driving Drunk and Killing 5-Year-Old Has Extensive Drug Past
- DA Files Manslaughter Charges Against Man Accused of Killing Child
- Drunk Driver Accused of Killing Child to Appear Before Judge

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